Matrixport’s Market Sentiment Index Points Towards Bullish Momentum

BNP Paribas Partners With Chinese in Digital Yuan PushThe Chinese authorities continue with their sustained efforts to promote use of the digital yuan, on this occasion by hooking up with French international banking group, BNP Paribas.According to the South China Morning Post (SCMP) on Friday, the partnership will see BNP Paribas collaborating with the Bank of China (BOC) to promote the digital yuan to its corporate clients. The digital yuan or e-CNY is a digital representation of the Chinese sovereign currency, issued by the BOC.Photo by Eric Prouzet on Unsplashe-CNY system accessAs part of the arrangement, BNP Paribas China will connect into the BOCs system, accessing an e-CNY management system. The BOC has authorized ten banks in China including the four state-owned banks, all of which are domestic lenders, to deal with its digital currency business.The direct e-CNY system access enables straight-through processing, allowing BNP Paribas to offer digital wallet functionality to its corporate clients relative to the digital yuan. Essentially, the system will allow BNP Paribas China’s corporate clients to link their bank accounts with an accompanying digital wallet. Other functionality that will be enabled as a consequence includes access to smart contract applications through the m-CBDC bridge (central bank digital currency).BNP Paribas China CEO CG Lai commented on the partnership: “While this collaboration can supplement the Bank’s offline payment collection capabilities and further optimize our clients’ account structure, this also reinforced the Bank’s commitment to the China market.” Lai outlined that the bank intends to enhance customer service capabilities by pursuing digital innovation that, like in this instance, contributes to China’s economic development.Louise Zhang, Head of BNP Paribas China Transaction Banking claimed that the partnership will “provide innovative, efficient cash management and trade financing services to local and multinational clients.”CBDC developmentThere has been a lot of activity in recent years when it comes to the development of CBDCs. The central banks of most nations have carried out some level of preparatory or investigative work relative to a digital currency. However, China has been by far the leader in its development of a CBDC.The BOC first began research into a digital currency in 2014. The country’s State Council approved the development of the digital yuan in partnership with China’s commercial banks in 2017. Beyond initial development, a testing phase began in 2019 with the project known as the Digital Currency Electronic Payment (DCEP) system emerging as the first version of the digital yuan after a number of years of development.In 2020, the BOC began more extensive testing of the digital currency in four Chinese cities — Shenzhen, Suzhou, Chengdu and Xiong’an. To promote use of the currency at that time, they offered free digital yuan to residents of those cities to spend, in that way, stepping up efforts to popularize the digital currency.Last month, the administrators of the Chinese city of Xuzhou announced that it was in the process of publishing a pilot scheme which will set out a means for promoting China’s e-CNY digital currency. Also in April, the eastern city of Changshu clarified that it is gearing up to commence paying state employees in the city in e-CNY. According to an announcement made by the city’s finance bureau the civil servants will start to receive e-CNY as payment in May.

Civic Group Files Embezzlement Complaint Against Former Kakao Chairman Over KLAY TokensA South Korean civic group, known as Economic Democracy 21, filed on Wednesday a prosecution complaint against Kim Beom-soo, the former chairman of the internet giant Kakao, and several executives from Kakao’s affiliated companies. The allegations at hand pertain to embezzlement, specifically revolving around the virtual asset known as KLAY.Photo by Tingey Injury Law Firm on UnsplashKlaytn’s native tokenKLAY represents the native token of the Klaytn blockchain, which was developed by GroundX, a blockchain subsidiary of Kakao.Legal breach claimsThe complaint, formally submitted to the joint crypto-crime investigation division of the Seoul Southern District Prosecutors’ Office, asserts that Kakao executives have breached the Act on the Aggravated Punishment of Specific Economic Crimes and the Capital Markets Act.Clandestine pre-salesWithin the detailed complaint, Economic Democracy 21 alleges that following the issuance of KLAY, Kakao’s executives conducted private pre-sales of KLAY tokens before their official listing. These pre-sales activities reportedly raised between KRW 150 billion and 300 billion ($113 million and $226 million). The accusation is that these funds were not channeled into business endeavors, but rather diverted for personal use.The complaint also contends that Kim and other executives withdrew KLAY tokens from the company under the guise of investments, compensation, and service fees related to “overseas investment business” since 2022. The civic group further asserted that these corporate leaders employed a program to manipulate transaction records, presumably with the intent of preventing third parties from discovering the nature of these transactions.

Hong Kong Deems Crypto as PropertyIn dealing with a case involving defunct Hong Kong-based cryptocurrency exchange Gatecoin, a Hong Kong judge has determined cryptocurrency as being property “capable of being held in trust.” Presiding over the case, Justice Linda Chan stated recently that Hong Kong takes a broad definition of what constitutes property.©Pexels/mitbg000Digital assets held in trustHaving expended efforts to try and recover funds from a former payments service provider that the company had partnered with, Gatecoin announced that it would shut down the business and commence the liquidation of the business in 2019. With bankruptcy proceedings being notoriously slow, that process continues today, resulting in Justice Chan’s recent determination.The notion of property held in trust is a common theme that has been explored in a number of cryptocurrency business bankruptcy processes recently, including the BlockFi, Celsius and FTX processes.Gatecoin has not proven to be any different in this regard. Liquidators had turned to the Hong Kong courts for direction as to how creditors’ digital assets, as held on the platform, should be defined. If property is deemed to have been held “in trust”, then that determination has implications for the owner of those assets relative to the bankruptcy proceedings.In the case of BlockFi, a determination was made in a US court that those who had simply custodied digital assets with the platform without earning any yield were property owners and that they should have their assets returned.The importance of Terms of Service (ToS)Alex Mashinsky, the founder and CEO of failed crypto lending competitor Celsius outlined to service users on a number of occasions that the assets remained their property even though his company used customer assets for various trading activities. The bankruptcy judge reached a different determination based on the terms of service. Service users had acknowledged in signing off on Celsius’ terms of service that assets held on the platform that accessed yield-bearing products became the property of Celsius when deposited within those products on the Celsius platform.Although it has not been dealt with yet, 1.4 million creditors relative to the bankruptcy process of failed cryptocurrency exchange FTX are likely to discover later this year if they can claim “in trust” property rights. An ad hoc group of creditors has taken legal action for the return of their digital assets on the basis of an assertion that the assets remained their property when transferred onto the platform.ImplicationsWhilst a seemingly uninteresting determination to anyone less informed about such bankruptcy proceedings, such decisions can have profound consequences. In a bankruptcy process, there is a hierarchy of creditors, with some having greater rights than others when it comes to the distribution of bankruptcy estate funds. Recognition of assets being held in trust as property would likely take those property owners out of the bankruptcy process, allowing the return of their funds (where available) while others who are classified as creditors get a distribution of whatever funds are left in the bankruptcy estate thereafter.Additional complexityGatecoin’s case was further complicated by the existence of various sets of terms of service. In two of the three instances, the court found that no trust language existed. There is one subset of creditors who may have the ability to claim their digital assets as property. The liquidators have agreed to identify them and contact them in that regard.While the process may be proving to be a minefield for Gatecoin’s creditors, it has served a broader purpose in crypto more generally as it has provided yet another opportunity for another jurisdiction, in this instance Hong Kong, to provide some more clarity with regard to the legal status and standing of cryptocurrency.